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HomeMy WebLinkAboutZBA-11/29/1990 RIS APPEALS BOARD MEMBERS SCOTT L.Supervisor Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. �0,� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 M I N U T E S REGULAR MEETING THURSDAY, NOVEMBER 29, 1990 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, NOVEMBER 29., 1990 at 7:30 o'clock p.m. at the Southold Town Hall, Main- Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman;. Member Serge Doyen, Jr. , Member Charles Grigonis, Jr. and Member James Dinizio, Jr. (Absent was: Member Joseph H. Sawicki. ) Also present was Board Secretary Linda Kowalski, and approximately 40 persons in the audience at the beginning of the meeting. The court stenographer arrived at 8:00 p.m. , as requested, for recording and transcription of the hearings commencing at 8:05 p.m. , and thereafter. The Chairman opened the meeting at 7:30 p.m. and proceeded with the following public hearings. Verbatim transcripts of each hearing has been prepared under separate cover and attached hereto for reference. 7:30 p.m. Appl. No. 3972 - PETROL STATION. The hearing was ,- opened and recessed without a date pending an alternative subdivision plan to be re-drawn by the Planning Board (without the necessity for variances, as originally referred to the ZBA) . Southold Town Board of Appeals -2- November 29, 1990 Regular Meeting NEXT SPECIAL MEETING: Motion was made by Chairman Goehringer, seconded by Mr. Grigonis, and duly carried, to schedule Thursday, December 13, 1990 as the date. for the next (Special) Meeting of this Board to commence at 7:00 p.m. PUBLIC HEARINGS from tonight, continued: 7:37 p.m. - Appl. No. 3985 - HERBERT AND CATHERINE LINDVEIT. 7:40 p.m. Appl. No. 3986 - BARRY AND BEVERLY LEHR. 7:50 p.m. Appl. No. 3988 - ANTONIO VANGI. (After- testimony was received, the Board agreed to recess the hearing until the January meeting, as requested by the applicant' s agent. 7:55 p.m. Appl. 3987 - H & S ASSOCIATES. 8:05 p.m. Appl. No. 3977 - BETTY J. COPIN. 8:30 p.m. Appl. No. 3983 - JANET MALONEY. $:35 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. (The Chairman opened the hearing after reading the legal notice. No one spoke either in-behalf of or against the application, and the Board agreed to recess the hearing without a date as requested by the applicant in order to consult an attorney. ) 8:45 p.m. Appl. No. 3973 - JOHN AND ROSE MILAZZO. During the course of the hearing, the Board asked the applicant to furnish the board with an alternative plan, with more of a setback from the side yard (rather- than 5 feet as requested-J . The Chairman also indicated that a re-inspection was anticipated for Saturday, December 15, 1990, at which time the neighbors_ were welcome. 9:40 p.m. Appl. No. 3955 - SBLENDIDO & A. AURICCHIO. During the course of the hearing, the Board asked that an original survey of the original. house (before it was removed). be furnished. (Also, the building plans for the first submission and second submission were loaned to Mr. Cardinale for Southold Town Board of Appeals -3- November 29, 1990 Regular Meeting PUBLIC HEARINGS, continued: duplication and are expected to be returned soon. ) Marie Ongioni, Esq. asked that she be given an opportunity to respond to Mr. Cardinale's comments and the survey when submitted, before the Board seals the record. 10:30 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. 11: 35 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Motion was made by Chairman Goehringer, seconded by Mr. Dinizio, to recess the hearing without a date as requested by the applicant for legal representation before concluding the hearing. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio. (Member Sawicki was absent. ) This resolution was duly adopted. DELIBERATIONS/DECISION: (Continued on Pages 4-9, supra) . Southold Town Board of Appeals -4- . November 29, 1990 Regular Meeting ACTION OF THE BOARD OF APPEALS Appl. No. 3938: Matter of the Application of VILLAGE MARINE for Variances to the Zoning Ordinance, Article XI, Section 100-112, Article XII, Section 100-111C(1) , Article XXIII, Section 239.4, and . Article XIX, for permission to construct addition to existing principal building with insufficient setbacks from the bulkhead, the easterly - (rear) property line, maintaining the nonconforming northerly (side) setback, and to locate boat storage structure (boat rack) with insufficient setbacks from the northerly (side) , westerly, easterly property lines, and bulkhead. Also requested. is relief, as may be deemed necessary concerning parking and/or landscaping under the current revisions of the site plan regulations. Zone District: Marine I (M-I) . Property location: James Creek, east side of Bay Avenue, Mattituck, NY; County Tax Map District 1000, Section 122, Block 3 , Lot 15.1. At a Meeting of the Zoning Board of Appeals held on November 29, 1990 the following action was taken: WHEREAS, .the Board has carefully considered all testimony and documentation. submitted into the record concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, its previous zoning, and the surrounding areas; and WHEREAS, this project has received conditional approval from the Southold Town Trustees and has received a Negative Declaration under the N.Y.S. Environmental Quality Review Act (SEQRA) by the Town Trustees for this project; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicant requests variances to the zoning code as to area setbacks in the proposed: (a) removal of an existing 36' by 261 metal building presently located at the rear {east} of the principal building and in Southold Town Board of Appeals _5_ November 29, 1990 Regular. Meeting (Appl. No. 3938 - Village Marine decision, continued: ) place thereof a proposed 60 ft. by 40 ft. addition, and (b) proposed boat "rack of a size 11 ft. by 102 ft. {1122 sq. ft. ground area} . The outside area of the site, as well as the existing metal building, has been used for the service, maintenance and/or repair of boats docked at the owner's marina facility, and the addition would encompass the same activities. The boat rack is proposed to compactly store boats which are presently stored for service or repair about the site. The placement of both the addition and the boat rack storage structure will not meet the current requirements of the zoning code as provided under the landscaping or parking requirements and for which relief is also requested. 2. The premises in question is located on the easterly side of Bay Avenue in the Hamlet of Matti.tuck,. Town of Southold, contains a total upland area of approximately 2,3,645 square feet, and total area as shown on the Suffolk County Tax Maps and assessors records of 39,640+- square feet. 3 . The subject premises is located in the Marine I (M-I) Zone District and is and has since prior to the enactment of Zoning in 1957 been used for outside boat storage, as well as marina uses, retail uses, engine and boat repairs, servicing, maintenance, sales to the general public, incidental office use, and other related marina uses, and uses accessory thereto. 4. The premises is bounded on the north by a gasoline service station: on the west by a town road. (Bay Avenue) and opposite Bay Avenue, a bank; on the east by a real estate office located in the General Business (B) Zone District and partly by a right-of-way which is in the R-40 Residential Zone District; on the south by the existing marina at James Creek. The gasoline station abutting the premises on the north side is also located in the Marine I (M-I) Zone District as well as that area abutting to the south of the subject parcel. 5. The building addition and the storage rack, as proposed, are shown on the site plan prepared by Glueckert and Wieber, Architects, lastly dated October 18, 1990. The setbacks for the proposed addition are: (a) 28. 6 feet at its closest point to the south along the tie line along wood bulkhead; (b) 48+- feet at its southeast corner to the tie line along the wood bulkhead; (c) at 3. 0 feet, maintaining the same northerly side yard setback as the existing building(s) ; (d) 20+- feet to its closest easterly rear property line; (e) 63+- feet Southold Town Board of Appeals _6_ November 29, 1990 Regular Meeting (Appl. No. 3938 - Village Marine decision, continued: ) to the furthermost easterly property line, along land referred to as "R-O-W. " 6. The principal building and 36 ' by 26' metal building, are shown to be set back, as exist since prior to the enactment of zoning: (a) from the southerly bulkhead 28+- feet at their closest points (both addition and metal building) and 42+- and 48+- feet at their furthest setback points, metal building and addition, respectively; (b) from the northerly side property line at 3+- feet at its closest point; (c) from the westerly front property line 32+- feet at its closest corner; (d) from the easterly property line at its closest . point 80+- feet; 49+- feet to the existing metal building from the easterly property line. 7. The upland area of the site is unique in configuration, size, and character, and contains a smaller upland lot size and width than as provided in the current zoning code for total lot size and width. It is noted that although there have been seven parking spaces provided for the current uses and building area on this site; and the Master Plan regulations, as amended January 9, 1989 provides for different methods o€ calculating the number of parking spaces and. the landscaping areas for newly established businesses or new uses. Any business, building or uses which have not been established prior to these amendments would apply under the new regulations, and. those that have preexisted these regulations are permitted to continue without a mandate to comply with the new regulations, provided there is no expansion or modified use. 8. It is the position of this Board that: (a) the addition to the existing principal building is not an expansion of the existing use, nor is it a newly created use, since the addition will be used by employees providing the same services and repair activities which have been conducted at the site in both the existing metal building t Southold Town Board of Appeals _7_ November 29, 1990 Regular Meeting . (Appl. No. 3938 - Village Marine decision, continued: ) 8. and outside of the existing building areas and as each relates to the established marina and boat storage uses; (b) the addition to the existing principal building, as proposed, is an improvement that: 1. will provide a protected and heated area for the employees to service and make repairs; 2. will provide for the discontinuance of repairs in open areas at the site, and these open areas will now be made available for a reduction of congestion and provide better maneuverability and efficient and safe circulation for vehicles and pedestrians, and for parking which was not previously available to the same degree; 3_. will make provision for a better parking plan and for increased landscaping, which presently is not provided, and will encourage customers to park on-site rather than along Bay Avenue; 4. will provide all runoff or discharge into drywells or catch basins to prevent runoff into James Creek; (c) the uses and the property as now exists, and has existed in the past, do not violate zoning, have been legally established at the site, and are not prohibited under the zoning regulations from continuing; (d) although the Master Plan and Zoning Amendments were adopted subsequent to the establishment of this property and its uses, there is no question in this Board's view that the uses are conforming uses under the current zoning regulations. 9. In considering the application for the building addition to house existing activities without an expansion of use or boat storage area, the Board finds that: (a) the setbacks of the addition, as proposed, are not excessive as compared to the existing established setback to the bulkhead at the southwesterly corner of the principal. building; however, the relief in relation to the current zoning regulations, as amended, is substantial as to the total requirements; Southold Town Board of Appeals _g_ November 29, 1990 Regular Meeting (Appl. No. 3938 - Village Marine decision, continued: ) 9. (b) the unique characteristics of the land and its limited buildable upland area lend to the hinderance of obtaining town approvals without variances; (c) there will not be an increased intensity of use at the site; (d) if the variance for, the addition were not granted, the same uses and services are allowed to- continue and the effects of limited parking and landscaping or aesthetic effects on the surrounding area would not be enhanced except by voluntary abandonment by the property owner over which the town has no control; (e) the addition will not, in the board's view, be harmful aesthetically or be substantially adverse to public health, welfare or safety of the community. (f) strict compliance with the zoning ordinance, as amended January 9, 1989 in the Master Plan Update, will cause practical difficulties since there is no other- alternative to pursue, without a variance; (g) the relief, as alternatively granted, is not unreasonable and is the minimum necessary; (h) the relief, as alternatively granted, will not alter the essential character of this waterfront business and residential community; (i) attempts to improve the utilization of the premises are hindered due to the unique, characteristics of the land; and sufficient proof has been demonstrated to show practical difficulties in the use and proposed improved development of his property necessitating the variance for the subject proposed addition.; (j ) the interests of justice will best be served by granting a variance, as alternatively noted below, for an addition to the proposed building. Southold Town Board of Appeals _g_ November 29, 1990 Regular Meeting (Appl. No. 3938 - Village Marine decision, continued: ) 9. W the continued use, within the proposed building addition will not adversely affect the safety, health, welfare, . comfort, convenience, and order of the town; (1) the addition and its use thereof are both in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to DENY WITHOUT PREJUDICE, the relief requested for an unenclosed boat rack storage structure of a size 11. 0 by 102.0 feet, as applied; and RESOLVED, to alternatively APPROVE a 60 ft. by 40 ft. addition to the principal building, with reduction under the landscaping and parking regulations of the zoning code and- as more particularly shown on the plan prepared by Glueckert & Wieber, Architects, lastly dated October 18, 1990, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Setbacks shall not be less than that applied for and shown on the October 18, 1990 plan; 2. Ten (10) on-site parking spaces shall be provided, which. must remain open and unobstructed at all times, and each stall must be painted or otherwise marked to be easily noticeable. Vote of the Board: Ayes: Messrs. Grigonis, Doyen and Dinizio. (Absent were Member Sawicki and Chairman Goehringer, who abstained in this matter. ) This resolution was duly adopted. J' Southold Town Board of Appeals -10- November 29, 1990 Regular Meeting There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned at. 11:55 o'clock p.m. Respectfully submitted, C�i�ndaF. Kowa ski Board Secretary Southold Town Board of Appeals Approved - Decettfber 13yll 990 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE .: l l Town Clerk, Town-of,Southold